HomeMy WebLinkAboutCOM 0125.004 2024-2026Comments on Resolution 74-25
for County Council Governmental Operations and External Affairs Committee
9 AM Tuesday, February 18th, Kona chambers
from Cory Harden
Thank you to Jenn Kagiwada for making sure this is being heard in committee before going to the full
Council, to allow for more public input and more Council discussion.
Thank you also to friends who suggested talking points.
Please ask these questions:
General
Can the police assure us that they will not participate in any ICE (Immigration and Customs Enforcement)
activities?
Is there any truth to the rumor that five Latinos were detained at Pinky's on February 13 and will be
deported? If so, describe any police involvement.
MOU re. embedding HSI (Homeland Security Investigations) special agents in the police department
Communication 125.001
"DHS-ICE policies will govern the [special agent] conduct". #7 p. 3
Will police look for and arrest immigrants?
"HSI Honolulu will have the sole authority to determine the number of personnel... it will embed" #7 p. 3
What is the expected number?
"HPD agrees to cooperate with any federal investigation related to this MOU to the full extent of their
available powers." # 8 p. 3
Does this include investigating suspected immigrants?
"HSI Honolulu, as a federal agency, is not bound to comply with state subpoenas for information, evidence
or testimony". #9 p. 4
Will it be difficult to obtain information about police actions under this MOU?
"This MOU may be modified upon the mutual written consent of the duly authorized representatives of
the parties." #13 p. 5
So could changes be made to the MOU without a Council vote?
MOU re. designation of police employees as customs officers
Communication 125.001
"In designating Customs Officers (Excepted), HSI is not conveying the authority to enforce administrative
violations of immigration iaw." [italics in original] #3 p. 1
What are "administrative violations of immigration law"?
S.
FER 1 02
Police will "perform the duties as noted on...ICE Form 73-001... This form is attached and is hereby made
part of this MOU." [Form 73-001 is also referenced in other sections of the MOU] #4a p. 1
Why is ICE form 73-001 missing from the MOU?
Form 73-001 appears** to have numerous check boxes. Which ones were checked off for this
MOU?
Will form 73-001 be attached, and available to the public in the time frame required by law,
before this committee votes on the MOU?
What Use of Force Policy now applies? It appears ** that form 73-001 says designated customs
officers: "shall follow the Interim ICE Use of Force Policy, dated July 7, 2004, or as updated or
superseded"
Will police arrest immigrants? It appears ** that form 73-001 says designated customs officers
may "Execute and serve orders, search warrants, arrest warrants, subpoenas, summonses, and
other processes issued under the authority of the United States, in accordance with laws
administered and/or enforced by HSI."
What other duties are authorized? It appears ** form 73-001 says "Perform such other law
enforcement duties as may be authorized under 19 U.S.C.141(i )" But I was unable to find this
USC provision.
"agency employees designated as Customs Officers (Excepted) will follow HSI directives and Instructions
when utilizing enforcement authority conveyed by HIS" #4d p. 2
Will police look for and arrest immigrants?
MOU re Safe Streets
Communication 125.002
"78. This agreement may be modified at any time by written consent of all involved agencies.
79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to
writing and signed by an authorized representative of each participating agency." p. 11
So could changes be made to the MOU without a Council vote?
** Based on what appears to be form 73-001 os found here:
https://www. ice. gov/doclib/foia/policy/10011.1_CustomsCrossDesignation. pdf
https://imperial.granicus.com/MetaViewerphp?view id=2&event id=849&meta id=111852